compensated at the Double Time Rate. Any time in excess <strong>of</strong> two hours shall becompensated in half hour increments.(d)No costume fitting shall be permitted on a two (2) performance day, unless theARTIST is compensated at the Overtime Rate with a one (1) hour minimum callguaranteed. This shall be waived if such costume fitting is due to an emergencycast change which requires costume adjustments and rehearsal.42. FILMING, BROADCASTING, TELEVISION, ETC.Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record ortelevise, including marketing <strong>of</strong> video cassettes and/or in-theater closed circuit television, anyperformances, rehearsals, concerts or engagements in which the ARTIST appears by wire,wireless, radio, telephone wireless process or any motion picture, recording, mechanical,electrical or telephone device now in use or hereafter developed or any combination <strong>of</strong> suchdevices; AGMA, however shall consider the request <strong>of</strong> the EMPLOYER, for a waiver <strong>of</strong> theforegoing provision, submitted in advance to AGMA in writing and the granting <strong>of</strong> such waivershall not be unreasonably withheld. EMPLOYER agrees to notify ARTIST as soon as suchwaiver is granted by AGMA. If EMPLOYER intends to use any such ARTIST work product forcommercial purposes, theatrical exhibition or any purpose other than specifically provided forherein, EMPLOYER agrees to negotiate with AGMA the terms and conditions there<strong>of</strong>. In theevent EMPLOYER violates this provision the ARTISTS shall be compensated at no less than theapplicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve theEMPLOYER <strong>of</strong> ultimate responsibility for the safe keeping <strong>of</strong> such work product and for theproper use there<strong>of</strong> as provided in this Agreement, except as provided for in (a)(4) below.Wherever the terms “recording,” “film” or “video tape” or derivatives there<strong>of</strong> are used it isunderstood to include any other method or products <strong>of</strong> capture such as “CD’s” or “DVD’s.”The foregoing notwithstanding, AGMA agrees that:(a)EMPLOYER may make archival/study films under the following conditions:1. At least twenty-four (24) hours’ advance written notice must be given tothe ARTISTS prior to actual filming/taping <strong>of</strong> in-studio rehearsals.2. When recording is done during a rehearsal or performance, no additionalcompensation will be paid to the ARTIST(S) except when Overtime orother penalties are payable under provisions <strong>of</strong> this Agreement.3. Study films may be used exclusively for the purpose <strong>of</strong> recreating,restaging, restudying and recording choreography, and are to be usedstrictly as a record by the EMPLOYER and the choreographer or his/herauthorized stager only. ARTISTS’ requests to review archival tapes shallnot be unreasonably denied.4. EMPLOYER shall make available to ARTISTS, through a check-in/outlibrary system, copies <strong>of</strong> performance and rehearsal recordings.36
Furthermore, ARTISTS agree that no duplication <strong>of</strong> such EMPLOYER’srecordings may occur.(b)EMPLOYER may cause or allow a television news crew to film or tape a portion<strong>of</strong> a rehearsal or a performance for television news release under the followingconditions:1. AGMA and the EMPLOYER recognize that such filming occurs regularlyeach season and for most every repertory production. Therefore theEMPLOYER shall request the written consent from each ARTIST forsuch filming when the ARTIST is <strong>of</strong>fered the Standard <strong>Artists</strong> <strong>Contract</strong>for Employment, and such consent shall not be unreasonably withheldThe ARTISTS’ written consent will be filed at the AGMA <strong>of</strong>fice togetherwith the completed Standard <strong>Artists</strong>’ <strong>Contract</strong>s for Employment as perParagraph 4 - Individual Employment <strong>Contract</strong>.2. At least twenty-four (24) hours’ advance written notice must be given tothe ARTISTS prior to actual filming/taping.3. News media video tapes may be created and broadcast on news programs,including magazine-type and entertainment programs, newsdocumentaries and the like, provided that the total airtime does not exceedfifteen (15) minutes and no ballet is broadcast in its entirety. TheEMPLOYER may request, and AGMA will not unreasonably withhold ordeny, a waiver <strong>of</strong> the foregoing provisions for specific projects.EMPLOYER may use copies <strong>of</strong> such videotapes for promotionalpurposes.4. Except as otherwise provided for in this Agreement (forovertime/premium situations defined elsewhere in this Agreement) nopremium payments for the ARTISTS shall be required provided nopremium payments are made to any other personnel employed by theEMPLOYER during the production <strong>of</strong> this videotape.(c)EMPLOYER may create, distribute, play and broadcast or allow the creation,distribution, playing and/or broadcast <strong>of</strong> videotapes promoting the EMPLOYERand the EMPLOYER’S performances under the following conditions:1. The ARTIST’s prior written consent must be filed at the AGMA <strong>of</strong>fice, asper paragraph (b) (1) above.2. At least twenty-four (24) hours advance written notice must be given tothe ARTISTS prior to actual filming/taping.3. Videotaping for promotional tapes may take place during a regularrehearsal, performance or a call specifically for the purposes <strong>of</strong> such37